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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi I own my flat and share of freeholder. I have access to

Resolved Question:

Hi I own my flat and share of freeholder. I have access to my loft and now thinking of doing a loft conversion. I have read my lease and not sure if I own the roof space. Can you please advise on this many thanks anjali
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You will need to check your Lease to see what the definition of your Flat is. I must say it would be unusual for any loft space to be included in the "demise" (the extent) of the Flat. If you read your Lease and look at the definition of the Flat, it would normally say something like "all that property on the first floor..."
Unless the definition includes the words "to include the roof space" then the roof space is not included.

If it is not included, you would have to approach your co Freeholder(s) to se if he/they would be willing to vary your Lease to include the roof space. I would advise this because if you go ahead and convert the loft without it being included in your Lease, you will have problems as and when you come to sell.
Your co Freeholder(s) would be entitled to charge you a sum for granting you a Lease of the roof space. This would be based on the "value" the loft gives to your Flat. As a Freeholder yourself, you wouldn't have to pay the full value, as you, as Freeholder, are entitled to "receive your due percentage" from any sum, so this amount would be deducted from the eventual sum you pay.
If you can agree on the above, then you would need to instruct a Solicitor to prepare a Deed of Variation, which will confirm that the loft is now included in your Lease, and which document which need to be signed by you and the other Freeholders.

I hope this answers your question and sets out the legal position to you.

Kind Regards
AL
Aston Lawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Many thanks Al. In the third schedule part of the lease . It states : all that first floor flat forming of the property and being of the flats and known flat 3 ( my flat) is delineated on the plan ...... Then goes on to .... Therein edged red together with ceilings and floors of the said flat but not ( in the case of flat on the top flor of said building) the jousts or beams to which the ceilings are attached not ( in the case of any flat) the main jousts and beams upon which floors are laid AND TOGETHER also with all cisterns tanks sewers drain pipes wires ducts and cm suits used solely for the purposes of the said flat but no others EXCEPT AND RESERVING from the demise the main structural parts of the building of which the said Flat firms part including the roof roof structure foundations main walks and joist concrete beam flood and external parts thereof but not frames&glasses of windows of said flat nor the interior faces of such of external walks as bound the said flat.
Many thanks Anjali